Christ Child Society of ______, Inc.
Gift Acceptance Policy
Christ Child Society of ______, Inc. (“Chapter”) solicits and accepts gifts for purposes that will help the organization fulfill its mission. Chapter urges all prospective donors to seek assistance of legal and financial advisors in matters relating to their gifts, including the resulting tax and estate planning consequences. The following policies and guidelines govern acceptance of gifts made to Chapter.
Use of Legal Counsel
Chapter will seek advice of legal counsel in matters relating to acceptance of gifts when deemed appropriate by the Executive Board.
Review by counsel is recommended for:
- Gifts of securities that are subject to restrictions or buy-sell agreements.
- Documents naming Chapter as Trustee or requiring Chapter to act in any fiduciary capacity.
- Gifts requiring Chapter to assume financial or other obligations.
- Transactions with potential conflicts of interest.
- Gifts of property which may be subject to environmental or other regulatory restrictions.
Restrictions on Gifts
Chapter will not accept gifts that (a) would result in Chapter violating its corporate charter, (b) would result in Chapter losing its status as a 501(c)(3) not-for-profit organization, (c) are too difficult or expensive to administer in relation to their value, (d) would result in unacceptable consequences for Chapter, or (e) are for purposes outside Chapter’s mission. Decisions on the restrictive nature of a gift, and its acceptance or refusal, shall be made by the Executive Board.
Gifts Generally Accepted Without Review
Cash: Cash gifts and gifts made by credit card are generally acceptable in any form.
Marketable Securities:Marketable securities may be electronically transferred to the Chapter brokerage account. All marketable securities will be promptly sold upon receipt unless directed otherwise by the Chapter Finance Committee. If the marketable security has restrictions, the decision of whether to accept the restricted securities shall be made by the Executive Board.
Bequests and Beneficiary Designations under Revocable Trusts, Life Insurance Policies, Commercial Annuities and Retirement Plans:Donors are encouraged to make bequests to Chapter under their wills, and to name Chapter as the beneficiary under trusts, life insurance policies, commercial annuities and retirement plans.
Charitable Remainder Trusts:Chapter will accept designation as a remainder beneficiary of a charitable remainder trust. Chapter will not accept appointment as a trustee of a charitable remainder trust.
Charitable Lead Trusts:Chapter will accept designation as an income beneficiary of charitable lead trusts. Chapter will not accept appointment as a trustee of a charitable lead trust.
Gifts Accepted Subject to Prior Review
Certain forms of gifts or donated properties may be subject to review prior to acceptance. Examples of gifts subject to prior review include, but are not limited to:
Gifts in Kind:Gifts in kind, such as of direct vendor payments for event underwriting, normal office expenses or related gifts where Chapter has little control, need to be reviewed before they are accepted. It is preferable for Chapter to receive a cash donation and pay the vendor directly. It is important to review whether the donor received any benefit and whether Chapter will incur a future obligation.
Tangible Personal Property: The Executive Board shall review and determine whether to accept any gifts of tangible personal property in light of the following considerations: Does the property further the organization’s mission? Is the property marketable? Are there any unacceptable restrictions imposed on the property? Are there any carrying costs for the property for which the organization may be responsible? Is the title/provenance of the property clear?
Life Insurance:Chapter will accept gifts of life insurance where Chapter is named both beneficiary and irrevocable owner of the policy. The donor must agree to pay, before due, any future premium payments on the policy. The life insurance policy will be recorded as a gift once the organization is named as both beneficiary and irrevocable owner of a life insurance policy. The gift shall be valued in accordance with GAAP rules. If the donor contributes future premium payments, Chapter will include the entire amount of the additional premium payment as a gift in the year that it is made. If the donor does not elect to continue to make gifts to cover premium payments on the life insurance policy, Chapter may:
- Continue to pay the premiums;
- Convert the policy to paid up insurance, or
- Surrender the policy for its current cash value.
Donors may name Chapter as beneficiary or contingent beneficiary of their life insurance policies.
Real Estate: All gifts of real estate are subject to review by the Executive Board. Prior to an acceptance of any gift of real estate other than a personal residence, Chapter shall require an initial environmental review by a qualified environmental firm. In the event that the initial review reveals a potential problem, the organization may retain a qualified environmental firm to conduct an environmental audit. The cost of the environmental audit shall be the expense of the donor. Criteria for acceptance of gifts of real estate include: Is the property useful for the organization’s purposes? Is the property readily marketable? Are there covenants, conditions, restrictions, reservations, easements, encumbrances or other limitations associated with the property? Are there carrying costs (including insurance, property taxes, mortgages, notes or the like) or maintenance expenses associated with the property? Does the environmental review or audit reflect that the property is damaged or otherwise requires remediation? If a gift of real estate is accepted Chapter will obtain an independent (independent of the donor and Chapter) appraisal to establish the value to record on the Chapter books and to establish a proposed sales price if the property is to be sold.
Additional Provisions
Gift Agreements: Where appropriate, Chapter shall enter into a written gift agreement with the donor, specifying the terms of any restricted gift, which may include provisions regarding donor recognition.
Fees:Chapter will not accept a gift unless the donor is responsible for (1) the fees of independent legal counsel retained by donor for completing the gift; (2) appraisal fees; (3) environmental audits and title binders (in the case of real property); and (4) all other third
party fees associated with the transfer of the gift to Chapter.
Valuation of Gifts:Chapter shall record gifts received at their valuation on the date of gift,
except that, when a gift is irrevocable, but is not due until a future date, the gift may be recorded at the time the gift becomes irrevocable in accordance with GAAP.
IRS Filings upon Sale of Gifts: To the extent applicable, Chapter shall file IRS Form 8282 upon the sale or disposition of any charitable deduction property sold within three (3) years of receipt. “Charitable deduction property” means any donated property (other than money and publicly traded securities) if the value claimed by the donor exceeds $5,000 per item or group of similar items donated by the donor to one or more donee organizations (e.g., the property listed in
Section B on Form 8283). Chapter shall file this form within 125 days of the date of sale or disposition of the asset.
Written Acknowledgement:Chaptershall provide written acknowledgement of gifts made to Chapter and comply with the current IRS requirements in acknowledgement of all gifts.
FASB 116:Contributions of art, historical treasures and similar assets related to Mary Virginia Merrick that Chapter decides to accept will be added to our collection and not recognized in our financial statements. The collection is held for educational and research purposes and not financial gain. The items are protected, kept unencumbered, cared for and preserved. If Chapter were to sell an item, the proceeds would be used to acquire other items for the collection.
Approved by Chapter Board on ______
By: ______Date: ______
Effective __/__/__, Page 1 of 4